17. Determining Whether a “Lost” Item is Actually Lost

Dedicated by Fran Broder as a zechus for the hostages to be released safely to their families and may everlasting peace come to Eretz Yisrael in the merit of learning Hilchot Bein Adam L’Chaveiro

1.   The mitzvah of hashavat aveidah applies only to items that are actually lost and not to items that were placed somewhere intentionally by the owner. If the item is found in a protected area, it is not considered lost, because it was likely placed there by the owner (Shulchan Aruch & Rema, C.M. 260:9-10). For example, one who finds a key underneath a doormat next to someone’s home can assume that they were placed there intentionally. In such a case, one should not pick up the item.

2.   An item left in a public, unprotected area is assumed to be lost, even if it appears to have been placed there intentionally, and may be subject to the mitzvah of hashavat aveidah. For example, one who finds a sefer at a public bus station can assume the item was lost and should pick it up and try to return it. If the item is left in a semi-protected area, it should be treated as a lost item and picked up (Shulchan Aruch & Rema, ibid.).